- What Is Comparative Negligence?
- How to Protect Your Rights After a California Car Accident
- Frequently Asked Questions About Car Accidents in California
- Get Help From an Experienced Manhattan Beach Car Accident Attorney
If you’ve been injured in a car accident in Manhattan Beach that was caused by the negligent actions of a careless driver, California state law gives you the right to seek compensation for the damages resulting from your injuries. This can include current and ongoing medical expenses, lost wages, and pain and suffering.
But what happens if you were partially at fault for a car accident in California? It’s not unusual for two parties to share responsibility for a single accident. It’s even possible that a third party — say the manufacturer of a defective auto part or a careless road crew — could be at fault as well. Rain, wind, snow, ice, smoke, and other adverse weather events can also play a part in causing a car accident.
Comparative Negligence is Applied When Two or More Parties Share Responsibility for an Auto Accident
California courts apply the rule of comparative negligence or comparative fault in instances where two or more parties share responsibility for an accident. A judge or jury examines the evidence presented in a car accident injury claim to determine the degree or percentage of negligence each party shared in the accident.
Comparative negligence, or fault, is a pretty straightforward concept. Let’s say you suffered $50,000 in damages as a result of your accident. The court determines you shared 10% of the blame for the accident. Because you were found to be responsible for 10% ($5,000) of your damages, you would only be able to collect a total of $45,000 from the other driver.
How to Protect Your Rights After a California Car Accident
The amount of blame you share for your accident has a big impact on how much compensation you can collect for your injuries. That’s why it’s so important to take steps to protect your rights even if you were partially at fault in a California car accident.
- Gather whatever evidence you can after an accident — pictures, the names of witnesses, etc.
- Seek medical attention as soon as possible.
- And speak with an experienced personal injury attorney.
A Manhattan Beach car accident attorney can help you establish not only who was responsible for your accident, but by how much. They’re also there to ensure that any blame for the accident is assigned fairly.
The representation of an auto injury attorney can be invaluable after a car accident in many ways. They can help you:
- Collect the evidence to support your personal claim
- Help establish the degree of liability — if any — you had for the accident
- Assess a dollar value for your losses
- Handle all legal and administrative duties
- Negotiate on your behalf with the other driver’s insurance company
- Represent your interests in court
Frequently Asked Questions About Car Accidents in California
Absolutely. Following a car accident, adrenaline can mask the severity of your injuries. Seeking medical attention promptly creates a documented record of your injuries, which strengthens your case if you decide to pursue compensation. Even minor injuries can worsen over time, so getting a check-up protects your health and legal rights.
Read more about the steps you should take after a car accident.
The statute of limitations for personal injury claims in California is generally two years from the date of the accident. This means you typically have two years to file a lawsuit against the at-fault party. It’s important to consult with an attorney as soon as possible to understand the deadlines specific to your case.
Read more about when to file an accident claim.
While you can attempt to negotiate with the insurance company yourself, insurance companies are experienced in handling claims and may try to minimize your compensation. An experienced personal injury attorney can represent you in negotiations with the insurance company, ensuring you receive a fair settlement offer that reflects the full extent of your damages.
Scott Dinsmore Will Fight To Get the Compensation You Deserve for Your Accident-Related Injuries
Scott Dinsmore is a Manhattan Beach personal injury attorney dedicated to ensuring his clients obtain the maximum compensation they are due for their accident-related injuries. Scott has been representing injured clients in Manhattan Beach, Hawthorne, El Segundo, Redondo Beach, Gardena, Hermosa Beach, and other South Bay communities for over 30 years. During that time, he’s obtained millions of dollars in settlements and verdicts for his clients.
Contact the Law Offices of Scott Dinsmore, APC through our website or call us at (310) 318-1220 to schedule a free, no-obligation initial consultation to discuss your claim. We handle most car accident injury claims on a contingency basis, which means there are no upfront costs for our clients and we only collect a fee after your case is settled.
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